IMPORTANT POINT
The presumption of innocence remains paramount in criminal law, and the prosecution must prove guilt beyond a reasonable doubt; mere suspicion or possibility of guilt is insufficient for conviction.

JUDGMENT :

Pushpendra Singh Bhati, J.

1. This criminal appeal under Section 378 Cr.P.C. has been preferred by the appellant-State against the judgment dated 14.02.1991 passed by the learned Additional Sessions Judge, Bhilwara, Rajasthan in Sessions Case No. 55/1990 (State of Rajasthan vs. Dhool Singh & Ors.), whereby the accused-respondents were acquitted of the offences under Section 302/34 IPC.

2. The matter pertains to an incident which occurred in the year 1990 and the present appeal has been pending since the year 1992.

3. At the outset, learned Public Prosecutor informs that accused-respondent no.1-Dhool Singh (Dhul Singh as mentioned in the death certificate dated 09.09.2022) has already expired on 20.07.2005, thus, now the present appeal survives only against accused-respondents no.2 & 3, and the arguments were heard only to the extent of the said surviving accused-respondents, and the adjudication in the instant appeal is being made accordingly.

4. Brief facts of the case, as placed before this Court by learned Public Prosecutor appearing on behalf of the appellant-State, are that a new born baby girl was delivered by the accused-respondent no.3 (3 months after marriage) on 06.05.1990 in Bheem Referral Hospital, whereafter the accused-respondents were on their way from Bheem to Shivpur with the said new born and they met Mithu Singh (P.W. 9); thereafter, the new born was left at the bank of the tank hidden behind stones by the accused-respondents. On 07.05.1990, Mithu Singh (P.W. 9) found the new born alive behind the stones and handed over the baby to the Police Station, Bheem; investigation in the matter accordingly began and the new born baby was handed over to the accused-respondents.

4.1. Thereafter, on 11.05.1990, the accused-respondent no.1-Dhool Singh filed a written report on 11.05.1990 before the Police Station Kareda, stating that the new born was delivered by his daughter (accused-respondent no.3) on 06.05.1990, however, the child died due to not getting milk; on such report, investigation began and during course of the investigation, sharp pressure signs were found on the baby’s neck i.e. 4 x 5 of red colour. Subsequently, all the accused-respondents were arrested for the offence under Section 302/34 IPC.

5. The learned Trial Court framed the charges against the accused-respondents, which were read over to the accused-respondents; the same were denied by the accused-respondents, sought due trial, and the trial accordingly commenced who thereafter before the learned Trial Court.

6. During the course of trial, the evidence of 13 prosecution witnesses were recorded and 24 documents were exhibited on behalf of the prosecution, whereas, no defence witness or document was produced by the accused in defence; whereafter, the accused were examined under Section 313 Cr.P.C., in which they pleaded innocence and their false implication in the criminal case in question.

7. Thereafter, upon hearing the contentions of both the parties as well as considering the material and evidence placed on record, the learned Trial Court passed the impugned judgment dated 14.02.1991, as above, against which the present appeal, has been preferred on behalf of the State.

8. Learned Public Prosecutor for the appellant-State submits that during the course of investigation, the Police found a sharp sign on both sides of the neck of the newly born baby, and thus, the death of the said new born was not natural.

8.1. Learned Public Prosecutor further submits that the baby was murdered because all the accused-respondents thought the child to be an illegitimate one as the said child had been born only three months after the marriage of the accused-respondent no.3-Kailash Kanwar and thus the child would not have been accepted by the society.

8.2. Learned Public Prosecutor also submits that the report Ex.P/12 which was presented by the concerned S.H.O. clearly showcases the brutal manner in which the new born baby was murdered. In furtherance, learned Publi